West Virginia Code § 6-9A-6

Enforcement by injunctions; actions in violation of article voidable;
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voidability of bond issues.
The circuit court in the county where the public agency regularly meets has jurisdiction and
is a proper venue to enforce this article upon civil action commenced by any citizen of this
state within 120 days after the action complained of was taken or the decision complained of
was made. Where the action seeks injunctive relief, no bond may be required unless the
petition appears to be without merit or made with the sole intent of harassing or delaying or
avoiding return by the governing body.
The court is empowered to compel compliance or enjoin noncompliance with the provisions
of this article and to annul a decision made in violation of this article. An injunction may also
order that subsequent actions be taken or decisions be made in conformity with the
provisions of this article: Provided, That no bond issue that has been passed or approved by
any governing body in this state may be annulled under this section if notice of the meeting
at which the bond issue was finally considered wasl given at least 10 days prior to the
meeting by a Class I legal advertisement publsished in accordance with the provisions of
§59-3-1 et seq. of this code in a qualified newspaper having a general circulation in the
geographic area represented by that governing body.
In addition to or in conjunction with any other acts or omissions which may be determined to
be in violation of this article, it is a violation of this article for a governing body to hold a
private meeting with the intention of transacting public business, thwarting public scrutiny
and making decisions that eventually become official action.
Any order which compels compliance or enjoins noncompliance with the provisions of this
article, or which annuls a decision made in violation of this article shall include findings of
fact and conclusions of law and shall be recorded in the minutes of the governing body.

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